No living community of guard comforters

VG Dusseldorf: nursing service must tolerate home care
For the most part people in need of care, such as waking coma patients, can not form a shared flat as lodgers in an apartment. Rather, a nursing service of the main tenants and this guarantees a "round-the-clock" care of the guard comatats, it is assumed by a licensure requiring nursing home, which falls under the home inspection, ruled on Friday, November 24, 2017, the Administrative Court Dusseldorf (Az. : 26K 6422/16).

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A nursing service from the district of Viersen, which wanted to defend itself against the statement of the home supervisor that he runs a care facility, had sued. The nursing service had rented an apartment and subleased the individual rooms to the most in need of care, especially ward comforters, and looked after them around the clock. But this is not a care facility, but a shared flat, so the nursing service. This form of housing should not control the authority.

This was contradicted by the home supervisor. The dependent tenants were no longer mobile and able to communicate. A self-responsible living in a shared flat is not possible.

This was followed by the administrative court. In cases where the residents are dependent on 24/7 care because of their state of health and the nursing service also provides full care, there is no shelter but a home. The services of the nursing service are "typical" for nursing homes. The facility is thus under the supervision of the competent authorities.

Similarly, other courts have already decided. Thus, the Administrative Court of Hanover on September 21, 2011, ruled that Rudi Carells Mill should be classified as a nursing home. The mill of the late Showmaster had rebuilt the new owners and sublet the rooms to people in need of care. At the same time took over the intensive care and home economics care of the nursing service of the landlady.

The administrative court had ruled here that there was no living community but a care facility. Housing, care and home care are offered from a single source.

The classification as a nursing home not only means that the home inspection controls the home, the nursing care insurance also pays lower care rates than for residents of a shared apartment. fle